Full Description
This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history andcontext, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work.
Contents
Part I. Rebuilding after violence.- Chapter 1. The Caradiru Prison Massacre and Ongoing Military Repression in Brazil (Emilio Meyer, Marta Machado).- Chapter 2. Politics before Law: The New Penal Code of 2017 and its Limited Protections for Ethnic Minorities in Post-Conflict Afghanistan (Bashir Mobasher, Nasiruddin Nezaami).- Chapter 3. "Between denial and memory" a socio-legal reading of securitisation narratives in Transitional Colombia (Gustavo Rojas Paez). - Part II. Economic interest and the state.- Chapter 4. Enforcing Exclusion through the Law: The National Register of Citizens in India (Suraj Gogoi).- Chapter 5. Colonial Legal Continuities in Post-Colonial Pakistan: A look at the construction of law, ownership and crime (Sabeen Kazmi).- Chapter 6. (Cr)Immigration and Merit-Based Migration in the Global South: Policing "Alcoholic Indians" and "Bangladeshi Terrorists" in Singapore (George Radics).- Chapter 7. Disciplining colonial subjects: Neoliberal Legalities, Disasters and the Criminalization of Protest in Puerto Rico (José Atiles Osoria).- Part III. Entrenched cultural biases.- Chapter 8. "Truth" and "Consent" in Sexual Violence Reporting in Criminal Justice and Legal Contexts in Singapore (Dr Joseph Greener, Stacy Ooi). - Chapter 9. Between Toys and Behind Bars: Mothers in Jail in the State of Ceará, Brazil (Lara Nascimento Meneses, João Araújo Monteiro Neto, Nestor Eduardo Araruna Santiago).- Chapter 10. The "War on Drugs" in Philippine Criminal Courts: Legal Professionals' Moral Discourse and Plea Bargaining in Drug-Related Cases (Pablo Ciocchini, Jayson Lamchek).- Part IV. Criminalisation of Diversity. - Chapter 11. Circuits of Law: Everyday Criminalisation of Transgender Embodiment in Istanbul (Ezgi Taşcıoğlu). - Chapter 12. Reaffirming Womanhood: Young transwomen and online sex work in Philippines (Veronica Gregorio).- Chapter 13. A queer chinkhoswe: Reimagining the customary in Malawi (Nigel Timothy Mpemba Patel).
